Susan Chawota and David Tinotenda Chawota v LL Promotions (Pvt) Limited and Langton Tapiwa Chawota and David Chawota and CBZ Bank of Zimbabwe and The Sheriff N.O. and The Registrar of Deeds

HH 98-18

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Case Details

Court

Harare High Court

Date

22 February 2018

Citation

HH 98-18

Neutral Citation

[2018] ZWHH 98

Outcome

unknown

Case Type

Application

Bench

Presiding

MWAYERA J

Full Bench

MWAYERA J

Areas of Law

Civil ProcedureProperty LawBanking Law

Keywords

rescissionmortgageconsent orderexecutionrule 449

Key Issues

{"issue_text":"Whether the consent judgment declaring the mortgaged property executable was erroneously sought or granted under Rule 449(1)(a)","issue_type":"procedural","dispositive":"yes","related_facts":"Applicants' prior knowledge and consent to mortgage bond; consent nature of original order"}

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background

Facts of the Case

Background

The applicants sought rescission of a consent judgment that declared a mortgaged property executable. The first applicant had consented to the mortgage bond registration with her then-husband (third respondent) before their divorce, and later received half share of the property through divorce settlement. The court found the judgment was not erroneously granted as the applicants were aware of the mortgage bond and had facilitated its registration.

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